Welcome to the PIRC Blog! Blogging to end sexual and relationship violence and stalking through the power of effective practitioner and researcher partnerships.

Category: PIRCBlog

With the cascade of revelations of sexual harassment and assault raising our awareness, many are asking “Why didn’t others do something?” and in particular “Why didn’t other men do something?” Although men may also be sexually harassed (usually by other men) the majority are not and most men rarely fear sexual assault. Yet men who witness other men harassing women or speaking offensively share similar fears, including retaliation, loss of social status, embarrassment, or thwarted career ambitions. This results in men’s (and women’s) silence, thus enabling perpetrators to continue perpetrating, not to mention that our inaction weighs heavily on our consciousnesses. Because men who offend may respect and care about what other men think more than they do women, other men may have an advantage in interrupting sexism and violence against women. In other words, preventing sexual harassment and sexual assault can be considered as men’s responsibility, although of course women have and will continue to take action.

One deterrent to responding is our surprise, shock, and discomfort with abusive remarks and behavior. We now realize that these are more commonplace than once thought. Thus, rather than seeing them as unusual, we must prepare ourselves to understand that they are commonly occurring. Being emotionally prepared to perceive the injustices of the world – even if they do not impinge on us directly – helps us to be emotionally prepared to respond to them. This is not only true for sexism, sexual harassment and sexual assault, but for other injustices such as racism, homophobia, Islamophobia, etc.

There are many actions one can take in response. First is to be believable allies who are safe for victims to report to. By words and actions we can make it clear that we believe victims, are understanding, and will respond compassionately. Exposing perpetrators supports victim healing and may also prevent future perpetration. Second, when someone is uncomfortable with the words or actions of another person the chances are very good that others are uncomfortable as well. Thus, it is important to talk to others to determine if your discomfort is shared and to explore possible responses. Social science research confirms that a majority of men are uncomfortable with sexist language and behaviors but do not realize that other men are also, as well as that the majority of men would respect someone who intervenes but believe most others would not. Knowing that you are not alone in your concerns and having the opportunity to share possible actions can empower us to respond effectively.

In particular, someone can intervene without suffering backlash. The science of ‘bystander intervention’ (now evolved as a state of the art prevention practice) offers skills and strategies for the majority of men (and women) who do not harass to intervene in the minority of men’s harassment and violence. Thus when confrontation is not an option, a bystander can respond to a sexist remark by: changing the subject; replacing a negative comment with a positive one; or using subtle sarcasm. In “How Wall Street Bro Talk Keeps Women Down” (NYT-July 7, 2017) author Sam Polk shares sexist remarks he has heard on Wall Street and describes his discomfort and inaction. For example, at a Brazilian steakhouse a superior’s comment about the waitress: “I’d like to bend her over the table and give her some meat” was responded to by awkward laughter. In this case one could use distraction to change the subject, saying: “I’m more concerned about getting good service for dinner” or “What do you recommend from the menu?” A distracting remark can successfully shift attention away from the problematic behavior. Alternatively, re-framing offers a positive comment in place of a negative. For instance, having previously eaten at the restaurant one could say: “Actually she is a great waitress” or “I’ll show my appreciation by giving a nice tip.” A truthful, appreciative remark can undermine the negative comment and refocus attention on the positive. Finally, subtle sarcasm can also be effective, such as “I think I will be ordering from the vegetarian menu tonight” or “Brazilian visas don’t allow that.”

Another example cited in the article was when a superior asked a new male employee if he: “got laid last night?” A safe response could be “I was up working” or “we watched a movie” or even “you are right, I was laid up on the couch last night.” Safe, honest responses can change the terms of the discussion without enabling the perpetrator, let others know that you don’t agree with the remark, and offers them a chance to affirm your response.

When I hear men making negative comments about female colleagues – especially about their physical appearance or competence – I find it very effective to reply by mentioning a positive characteristic or accomplishment of the person, such as “Actually she just received the teacher of the year award” or “She is one of the smartest persons in my seminar.” One could also say “I think that remark could be misunderstood. You are a great supervisor and I wouldn’t want you to get in trouble for something you didn’t really mean.”

Confrontation, which may be difficult with a superior, involves strongly objecting to a remark or stating one’s feelings, such as: “I really respect you and I am disappointed to hear you say that” or, more strongly, “I would prefer if you don’t talk that way around me.”

Clearly, it is possible to respond to an inappropriate remark by undermining it and registering disagreement while avoiding confrontation or to create an uncomfortable situation. Responding provides the opportunity for other bystanders to register their discomfort, help to shift the conversation, affirm the positive remark, or share appreciation and respect for intervening. As we recognize the prevalence and pervasiveness of harassment and sexist remarks, we can view the opportunity to intervene as a welcome one.

Imagine if the majority of men responded to objectionable remarks by either changing the subject or undermining the remark. This would move us closer to creating a culture in which such actions were not tolerated and rewarded and it could help reduce the guilt that many men feel about doing nothing. Taking action individually or as a group is essential, along with more systematic responses that are needed from our institutions and organizations.

Most perpetrators of sexual harassment and sexual assault begin these behaviors long before we meet them. Yet our silence and inaction helps to create a culture in which it is easy for them to continue. There are many elements of a comprehensive response, including creating safe reporting options, taking complaints seriously, understanding that false accusations are extremely rare, training law enforcement in effective and victim supportive investigations, ensuring swift and effective punishment, and the modeling of healthy interactions and sexuality. We all have a role to play and it is the responsibility of everyone – especially men – to reverse the culture of harassment and assault by creating safety for victims to report, sharing discomfort with others, serving as healthy responsible role models, holding our institutions accountable and intervening in safe ways against offensive behavior.

Alan Berkowitz, Ph.D. is an internationally recognized expert in sexual harassment and sexual assault prevention and the author of “RESPONSE ABILITY: The Complete Guide to Bystander Behavior” and “How to Respond to Sexist Remarks.” More information about his work is available at: www.alanberkowitz.com

*Originally published on the Women’s Health blog on September 27, 2017″

Content Warning: Sexual Assault

One in five undergraduate women (PDF – 282 KB) are sexually assaulted during college. When I think about that number, I want to change it so everyone is safe. This National Campus Safety Awareness Month, I encourage you to support the theme “Take the First Step” and work to create a safe campus.

At just a year into the initiative, we’re encouraged by the programs being implemented around the country. Schools are conducting bystander intervention trainings that are focused on fraternity and sorority advisors. Others are offering awareness and prevention video resources. Some have been conducting trainings on trauma-informed responses for their staff and incorporating messages about consent and bystander intervention into fall festivals.

I’m personally excited about these programs and prevention activities because they address this issue from multiple angles: awareness, prevention, intervention, and response. Demonstrating to students that their schools are aware of this issue and care enough to provide these activities and resources is a huge step in the right direction. So, what else can we do to help prevent sexual assault?

What Communities Can Do

Education about sexual assault and consent begins long before college, in the messages children receive from their parents and other adults. We can plant the seed of consent and respect in children from an early age with this simple lesson: People should not touch each other without asking first. As children grow, the messages grow with them. We also all have a role in modeling respectful and consensual interactions, both sexual and nonsexual. In addition, community members should pay attention to their local and state policies and legislation, and they should advocate for positive change in support of sexual violence prevention efforts and effective reporting and supportive services for survivors.

What Colleges Can Do

Administrators, faculty, staff, and coaches must work with students to implement comprehensive prevention programs. Schools should consider teaching consent and healthy relationship/communication skills throughout the academic year, institute stricter intolerance policies on assault, and make it clear that sexual assault has no place in higher education.

What Students Can Do

Students have a large role in preventing sexual assault of others, too. If they see someone at risk for assault, they can help prevent it by using the C.A.R.E. bystander intervention technique: Create a distraction, Ask the person directly, Refer to an authority like a resident assistant or security guard, and Enlist others’ help.

Every person on campus has a role to play in eradicating sexual assault from universities and colleges. When your sons and daughters go off to college, remind them what respecting themselves and others looks like. After that, it’s up to them to make the right choices and for the colleges to support them.

This National Campus Safety Awareness Month, I encourage students, administrators, faculty, and coaches to take the first steps together to prevent sexual assault. For more info on preventing sexual assault, visit Sexual Violence on Campus: Strategies for Prevention (PDF – 3.5 MB) and STOP SV (PDF – 2.85 MB).

Nicole Greene serves as Deputy Director for the U.S. Department of Health and Human Services’ Office on Women’s Health (OWH) and acts as the primary advisor to the Deputy Assistant Secretary for Health — Women’s Health. A former Council for Excellence in Government Fellow and a graduate of the prestigious Leadership for a Democratic Society program through the Federal Executive Institute, Ms. Greene leads change management in the office. One of her first projects at OWH was to lead the restructuring of OWH, improving the efficiency and effectiveness by aligning the mission of the Office so it can better serve American women and girls. Read more here.

Perhaps the criminal justice system is learning how to support victims of sexual assault and consequently becoming more effective in prosecuting rape cases.

By Amy Vorenberg

The above Tweet came from the Metro Nashville Police Department just after a jury convicted a former Vanderbilt football player of raping an unconscious woman. Among the horrific details of the case—the perpetrators took a video of the assault.

When it comes to rape, the criminal justice system gets a bad rap, and deservedly so considering its past lack of effectiveness in prosecuting rape cases. Prosecutors have historically dropped or pled out cases, afraid of taking the ill-named “he said, she said” case to trial.

But maybe we are seeing a shift and the Metro Nashville PD tweet is just one example of it. The recent Stanford rape victim’s statement, which was read aloud by 18 members of Congress on the House floor, is another significant event signaling a possible shift. Perhaps more victims are coming forward because the criminal justice system HAS improved its support for victims.

Recently I sat down with Lara Saffo, chief prosecutor of northern New Hampshire’s Grafton County. Her jurisdiction includes several colleges, including Dartmouth College in Hanover, New Hampshire, the site of a recent high-profile sexual assault case. I asked Attorney Saffo about the efforts she and her fellow prosecutors make to support and protect rape victims as their cases make their way through the system.

Vorenberg: What steps does a prosecutor’s office like yours take that provide support to a victim before a case goes to trial?

Saffo: First, we have sexual assault resource teams (SART), including on the college campuses. These are teams of medical, law enforcement and victim advocate professionals who have been specially trained as rape first-responders. By working together, the SART teams develop and implement a victim-centered approach that, hopefully, will encourage more victims to come forward.

Vorenberg: Do you also work with local crisis centers?

Saffo: Yes, we strongly recommend that all victims of sexual assaults seek services from their local crisis center. Crisis program advocates, unlike first responders, can have protected, confidential conversations with victims. Crisis centers make it possible for victims to speak freely, without the risk of unwanted exposure.

Vorenberg: You also have victim advocates in your office. What is the difference?

Saffo: We have victim-witness coordinators. The distinction between our victim-witness coordinators and a victim advocate at a crisis center is important. Although victim-witness coordinators absolutely provide support for victims, they are there to answer questions and explain the process. Our victim-witness coordinator’s communication with victims is not protected, whereas the communication between victims and crisis center advocates is considered confidential and protected by NH statute. One of the things that everybody has to remember is that victims may not process information instantly, so you often need to explain the process over and over again. Victims need to feel comfortable calling back and saying, “Wait a minute. What is the difference between bail and arraignment? Why is bail being set again?” They are usually new to this system, and it is more than a little confusing. The victim-witness coordinator is there to answer any questions or concerns the victim has about the legal process.

Vorenberg: The first time you meet with a victim are you actually introducing her to the victim-witness advocate?

Saffo: We are trying to do that; that is our protocol. Law enforcement calls us when a victim reaches out to them so we can initiate the relationship with the coordinator. We have an on-call county attorney, 24 hours a day, 7 days a week so any officer, can call and say, “I have a sexual assault case, a victim will be coming in.” We can then reach out to our victim-witness coordinator to be on hand to meet with the survivor.

Vorenberg: After a case comes into a prosecutor’s office and a complaint or indictment is filed, both the defense attorney and the prosecutor make pre-trial motions, asking the judge to either limit or allow evidence that they think will help prove (or defend) the case. What motions do prosecutors make specifically to protect the victim?

Saffo: It’s pretty standard for the defense to ask the court to allow questions about the victim’s sexual history. State statutes do not allow such information because it’s not deemed to be relevant, and for good reason. We always object to these requests.

Vorenberg: What other types of motions do you make concerning the victim?

Saffo: In most adult sexual assault cases, there’s been an examination and the medical record contains a lot of information that needs to be protected. For example, medical providers will ask, “What medications are you on?” Medications like birth control or anti-depressants, or really almost any kind of medication, is just not relevant. There may be a little more of a fight over medications like anti-depressants but I generally feel that I can keep that information out of the record, although you can’t make any promises to the victim.

Vorenberg: What about counseling records?

Saffo: You want to protect the victim’s counseling records. However, sometimes counseling records may contain helpful information. They may contain proof of trauma that you want to tell the jury about. Often judges will do an in camera review, which means he or she will look at the records outside of the courtroom and decide which, if any, of the records are relevant.

Vorenberg: Before trial you make motions to keep out a victim’s private information. What about during the trial? Do you take steps to protect the victim’s privacy?

Saffo: We really are in a new era right now. We not only protect the victim in court, we also try to protect the victim in the media and no one really knows how to control that right now. We can ask the judge to limit live tweeting, and we can file motions to seal victims’ names. The judge may not grant these requests if the victim is an adult, although with the new reality of social media harassment of adult sexual assault victims, that request may be granted

Vorenberg: How about post-trial, whether there’s an acquittal or a conviction, is there anything you do on behalf of the victim?

Saffo: We make sure they have a support network and ensure that the victim-witness coordinator is available for them. However, we don’t want to presume that we are going to be the best support person for them, whether the verdict is guilty or not guilty, or in the case of a hung jury. So, it’s being there but not presuming that we are going to be the right resource.

……………………………………………………………………………………………..

There was much more to talk about, but Attorney Saffo had a busy day ahead of her. The work she and so many others in law enforcement are doing to make the justice system more effective in rape cases was evident in our conversation.

This might be one reason why we are hearing powerful statements from victims who may feel the support of the system behind them. Recently, in a New Hampshire courtroom, a teen victim faced the man who admitted to kidnapping and sexually assaulting her over a period of nine months before she managed to escape. Her courageous statement included these words:

“I want you to know that I did not do this to you,” she said. “I didn’t put you in prison. You put yourself in prison.”

Amy Vorenberg is a Research and Evaluation Consultant at Prevention Innovations Research Center, and the Director of the Legal Writing Program at the University of New Hampshire Law School. She began her legal career in New York as a Manhattan Assistant District Attorney. Later she worked as an Assistant Attorney General in New Hampshire. She moved to the NH Public Defender’s office in 1993 during which time she started the criminal clinic at the University of New Hampshire School of Law (then Franklin Pierce). She served for ten years on the New Hampshire Adult Parole Board. Amy started teaching Legal Analysis and Writing in 1998. She has also taught Criminal Law. Amy’s research and scholarship focus is legal writing, juvenile and criminal law. She is currently working on a three-volume legal writing practice-based textbook, “Preparing for Practice: Legal Analysis and Writing in Law School’s First Year” (working title). She has written editorials and spoken out on campus sexual assault.

Lara J. Saffo, JD is the County Attorney in Grafton County, New Hampshire. She has prosecuted hundreds of cases involving all types of crimes, and has specialized in sexual assault and domestic violence cases, as well as alternative sentencing solutions, such as drug court, mental health court, veteran’s courts and juvenile diversion/restorative justice. She graduated from Vanderbilt University School of Law in Nashville Tennessee in 1992. She began her career as a prosecutor in 1993, as an Assistant County Attorney and district court prosecutor. Attorney Saffo then became an associate, civil attorney at Van Dorn & Curtis, PLLC in Orford New Hampshire. She returned to prosecution in 2004. From that time, until she became county attorney in 2009, she was the Violence Against Women Act (VAWA) prosecutor at the Office of the Grafton County Attorney. She currently serves as an advisory board member for the Grafton and Sullivan County Child Advocacy Center at DHMC, involved in initiates to expand Sexual Assault Resource Teams in Grafton County, the prosecution representative on the state-wide committee for Justice Involved Veterans, a member of the protocol review committees for the Adult Sexual Assault Protocols and Human Trafficking Protocols, a member of the NH Attorney General’s Commission to Combat Human Trafficking and an adjunct professor at Plymouth State University and White Mountain Community College.